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This entry was published on 2014-09-22
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SECTION 34-0109
Administration; applications for permits
Environmental Conservation (ENV) CHAPTER 43-B, ARTICLE 34
§ 34-0109. Administration; applications for permits.

1. Applicability. (a) Where the commissioner has, pursuant to
subdivision one of section 34-0107 of this article, issued regulations
which apply the minimum standards promulgated pursuant to section
34-0108 of this article to activities or development within any erosion
hazard area, any person proposing to undertake activities or development
subject to such regulations shall obtain a permit as provided in this

(b) A proposed activity or development in an erosion hazard area shall
be deemed an action that is likely to require the preparation of an
environmental impact statement pursuant to subparagraph (i) of paragraph
(c) of subdivision two of section 8-0113 of this chapter.

2. Applications for permits. (a) An application for a permit shall be
submitted in such form and manner as the commissioner may prescribe, and
shall contain a detailed description of the proposed development which
is sufficient to enable the commissioner to make the findings and
determinations required by this section.

(b) Review by the commissioner of applications for permits pursuant to
this section shall be governed by the provisions of article seventy of
this chapter.

3. Decision. (a) No permit shall be granted pursuant to this section
unless the commissioner shall find that the proposed activity complies
with the minimum standards promulgated pursuant to section 34-0108 of
this article as such standards are applied to the affected erosion
hazard area by the regulations issued by the commissioner pursuant to
section 34-0107 of this article.

(b) In granting a permit, the commissioner may limit such permit or
impose reasonable conditions or limitations designed to carry out the
public policy set forth in this article. Upon a finding that the
applicant has a record of non-compliance with the terms and conditions
of permits, the commissioner may require a bond or other form of
financial security in amount and with surety and conditions satisfactory
to him to secure compliance with the terms, conditions and limitations
set forth in the permit. The commissioner may suspend or revoke a permit
if he finds that the applicant has not complied with any of the terms,
conditions or limitations set forth in the permit.